Software Maintenance Agreement-Format Template, Download Free Doc Pdf File Example

Software Maintenance Agreement Format Template, Download Free Doc Pdf File Example

In This Post Get- Software Maintenance Agreement Format, Software Maintenance Agreement Template Sample, Software Maintenance Agreement For Company, Hr Software Maintenance Agreement, Software Maintenance Agreement Example, Software Maintenance Agreement Form, Software Maintenance Agreement Word Format Doc, Download Software Maintenance Agreement pdf, Software Maintenance Agreement template word

Software Maintenance Agreement Word Text Document Format

SOFTWARE MAINTENANCE AGREEMENT

 

This Software Maintenance Agreement, between [SPECIFY COMPLETE NAME OF CLIENT] located at [SPECIFY COMPLETE ADDRESS OF CLIENT], (hereunder called “Client”), 

 

AND;

 

[SPECIFY COMPLETE NAME OF SOFTWARE COMPANY] located at [SPECIFY COMPLETE ADDRESS OF SOFTWARE COMPANY], (hereunder called “Licensor”), is entered in this [SPECIFY EFFECTIVE DATE].

1 SCOPE OF MAINTENANCE AGREEMENT Amid the term of this maintenance understanding, Licensor consents to give standard maintenance administrations, improvements, programming administrations, bolster, preparing for the Client’s Software, all as per the terms and states of this support contract.
2 STANDARD WARRANTY AND MAINTENANCE SERVICES
  • Repairs, upkeep, and support for all Client equipment shall be sole obligation of Client as it were. 
  • As needs be, the Client’s equipment should be overhauled and repaired or supplanted as per the standard terms and states of the producer’s then-present guarantee and upkeep approach. This may incorporate the utilization of utilized segments or field replaceable segments.
  • All outsider programming and any standard working framework introduced on any Client’s equipment should be kept up and refreshed as per the outsider programming supplier’s then-present guarantee and maintenance strategy. 
  • Licensor offers standard propel substitution benefit for checked deficient equipment. Endless supply of legitimate warning of a damaged by Licensor, Client might be qualified to get a propel substitution from Licensor utilizing Client’s returned material approval system.
3 ON-SITE SUPPORT Licensor may, upon composed demand of Client and endorsement by Licensor, furnish Client with on location bolster at a commonly settled time. Customer consents to pay Licensor every single sensible cost related with the arrangements of on location site, including charges for Licensor’s personnel, actual charges for movement, lodging and various costs as substantiated by receipts and any assessments.
4 PROFESSIONAL SERVICES Initial proficient administrations will be furnished in conjunction with the establishment of the product. These underlying expert administrations will incorporate starting establishment, design, and alteration of the product as might be essential for Client’s utilization. Any extra services required after introductory client acknowledgment of the product, to incorporate extensions, redesigns, framework design or relocation, might be charged at Licensor’s then standard administration rate.
5 OBLIGATIONS OF CLIENT
  • Client should likewise guarantee that the product has outbound web access more than eighty port with the goal that the framework can download updates to the product and working framework. 
  • Client should tell Licensor of Client’s assigned Client contact. To the degree practicable, Client’s correspondence with Licensor will be through Client contact. 
  • Client’s utilization of the product with other than Licensor’s approved consumables constitutes an infringement of this upkeep understanding and may cause an end. Also, Client should give progressed composed notice to Licensor of Client’s goal to utilize other than approved consumables. 
  • Endless supply of any mistake in the product, Client, as sensibly asked for by Licensor, consents to give Licensor a posting of yield and some other information, including databases and reinforcement frameworks, that Licensor may sensibly ask for keeping in mind the end goal to duplicate working conditions like those present when the blunder happened. 
  • Client consents to introduce all amendments of considerable deformities, minor bug fixes and refreshes, including any improvements, for the product as per the directions and arranged by receipt from Licensor. 
  • Client might not figure out, change, upgrade or generally modify the Client’s product, unless and just to the degree particularly approved in the related documentation, or with the earlier endorsement of Licensor or Licensor assigned specialists. 
  • Client consents to concede Licensor sensible access to Client’s offices and staff worried about the task of the product to empower Licensor to give the administrations determined in this upkeep understanding. Inability to give such access should end this upkeep understanding.
6 OWNERSHIP Client perceives that Licensor guarantees each selective right, including patent, copyright, aggressive advancement and other prohibitive rights, in and to the item and any modifications, bug fixes, overhauls, invigorates or distinctive changes, including custom adjustments, to the item.
7 CLIENT’S SOFTWARE The Client’s software shall mean the PC program in question code just and the related documentation, for example, client manuals and framework manager’s manuals. The item furthermore joins any corrections, bug fixes, enhancements, invigorates or diverse modifications made by Licensor, including changes to such PC program and related documentation. 
8 TERM
  1. This upkeep understanding should produce endless supply: of the product; or the date Client utilizes the product in the typical course of Client’s business; whichever happens first. 
  1. This support contract should end upon the prior to happen of the effective date of an ensuing understanding concerning programming upkeep administrations went into amongst Client and Licensor.
9 ENHANCEMENTS Every once in a while, and at Licensor’s sole caution, Licensor may make accessible to Client certain improvements to the product that Client may permit from endless supply of an extra permit expense as built up by Licensor. Improvements for the most part incorporate extra modules to the base programming. 
10 TRAINING Introduction training will be furnished in conjunction with the establishment of the product. Upon composed demand of Client, Licensor may give extra Client preparing at a commonly settled upon time and place. Customer consents to pay Licensor every sensible cost related with this extra preparing, which may include: charges for Licensor’s work force, which may incorporate an additional charge for preparing led at Client’s area; genuine charges, as substantiated by receipts, for movement, lodging and various costs related with preparing performed at an area other than Licensor’s offices and assessments.
11 MAINTENANCE FEE
  • Client recognizes and concurs that if Client ends and after that resumes purchase of upkeep administrations, Client will be required to pay Licensor [SPECIFY AMOUNT] of the support expenses for the time of discontinuance, in addition to the maintenance charge for the term of upkeep benefits at that point starting. 
  • Client consents to pay Licensor an upkeep charge, in the sum put forward in the significant receipt for the settled upon administrations, in addition to any assessments, for standard support administrations gave by Licensor in accordance with this upkeep understanding. 
  • After end of this maintenance contract, Client may choose to pay a commonly settled upon expense for programming affirmation as it were. Some other help or potentially upkeep administrations asked for by Client will be accused for in agreement of Licensor’s then present charges for the asked for help or administrations. 
  • Customer consents to pay Licensor for any Client asked for improvements, custom programming administrations, support, and preparing in the sum and as per the terms put forward in the receipt for such administrations.
12 LIMITATIONS No intervention or other activity under this support understanding, unless including passing or individual damage, might be brought by either party against the other over one year after the reason for activity emerges. Neither one of the parties should be at risk to the next for lost benefits nor aberrant, unique or noteworthy harms emerging out of this cleaning contract, regardless of whether the gathering has been advised of the likelihood of such harms. By no means will risk surpass the sums paid by Client to Licensor under this maintenance understanding. 
13 APPLIANCE It implies any blend of Client’s product and equipment gave by Licensor as an incorporated unit for use by Client in different report administration and work process applications in conjunction with a framework.
14 STANDARD MAINTENANCE SERVICES Standard upkeep benefits particularly do exclude, upgrades that are offered, at Licensor’s sole tact, to Client of the programming supply of an extra permit charge, programming, bolster, preparing, equipment or potentially related supplies. Furthermore, standard upkeep administrations do exclude settling issues caused by Client or Client’s workers or operators. In the event that a particular issue is sensibly resolved to be caused by Client or Client’s representatives or operators, genuine expenses and hourly charges may apply for any help gave by Licensor.

Amid the term of this maintenance contract, Licensor will give Client the accompanying standard maintenance administrations for the product: 

  1. Phone or online help, offered by Licensor. 
  1. As made by and large accessible amid the term of this maintenance contract, Licensor will give Client all product discharges gave to other correspondingly arranged. Redesign benefit charges may apply in the event of a noteworthy update. 
  1. Amendments of material as well as imperfections in the product so the product will work significantly. 
  1. The arrangement of the standard upkeep administrations accepts that remote access for Licensor and additionally Licensor’s representatives and specialists has been allowed by Client. In the event that Client chooses not to give remote access whenever, any help will require an extra additional charge as well as extra charges. 
  1. Occasional manual or programmed updates of the product that may fuse: redresses of any material as well as generous deformities; fixes of any minor bugs gave by Licensor at no charge to other outsider Client of the product; and at the sole attentiveness of Licensor, improvements to the product that give extra utilitarian capacities to the product.
15 CUSTOMER PROGRAMMING SERVICES Licensor may, upon composed demand of Client and common assent with regards to the extension and charges for the asked for services, give custom programming administrations to Client, including documentation that determines the asked for administrations to be given by Licensor and the related expense to be paid by Client for the asked for administrations. Administrations may incorporate, however are not constrained to, advancement of custom PC projects and establishment, preparing, and support concerning such PC programs.
16 THIRD PARTY INTEGRATIONS Licensor may, upon composed demand of Client and endorsement by Licensor, give outsider assimilation services which may incorporate, yet are not constrained to, advancement of custom PC programs for combination of the product with outsider frameworks, and establishment, preparing, and upkeep concerning such third-party assimilations.
17 PAYMENT TERMS
  • Fee should be in legitimate delicate. In the occasion Client neglects to pay any sum when due, Client consents to pay enthusiasm on the unpaid sum at a rate equivalent to the prime rate in addition to one percent or the most noteworthy rate permitted by law, whichever is more noteworthy, in addition to all accumulation costs including lawyer’s expenses. 
  • Client’s utilization of the product, or any administrations gave by Licensor to Client identified with the product, barring just charges in light of Licensor’s net salary. 
  • The upkeep expense is expected yearly ahead of time. Client consents to pay the support expense to Licensor prior to the upkeep charge due date put forward in the significant receipt for the settled upon administrations. Client consents to pay every single other sum due Licensor for administrations under this maintenance contract as per the installment plan put forward on the receipt for the services.
18 TERMINATION Licensor should have the privilege to conclude this maintenance contract and all administrations gave as per this upkeep endless supply of Client’s product permit understanding by either party for any reason, or if Client or its representatives or operators abuse any arrangement of this upkeep agreement and Client neglects to relieve such infringement inside fifteen days after receipt of composed notice from Licensor. Endless supply of this support understanding, no charges beforehand paid by Client should be discounted.
19 GENERAL PROVISIONS
  1. AFFIRMATION

Each party recognizes that it has appropriately perused this maintenance contract, and that it comprehends and consents to be bound by its terms. 

  1. INDEPENDENT CONTRACTORS

The Client and Licensor recognize and concur that they are managing each other hereunder as self-employed entities. Nothing contained in this upkeep understanding should be deciphered as constituting either party the joint venture or accomplice of the other party or as giving upon either party the energy of expert to tie the other party in any exchange with outsiders.

  1. HEADINGS

The headings of this maintenance contract are incorporated only for accommodation of reference and shall not influence the significance of the dialect included in that. 

  1. GOVERNING LAW

This maintenance contract should be liable to and administered in all regards by the statutes and laws of the [SPECIFY STATE OR COUNTRY] without respect to the contentions of laws standards thereof. Courts of equipped locale inside the territory of [SPECIFY STATE OR COUNTRY] might have selective purview and setting over all contentions in association herewith, and each party thus agrees to such restrictive and individual venue and jurisdiction. 

  1. CONFINEMENTS OF LIABILITY

Licensor’s obligation under this support contract, assuming any, should be constrained to the measure of the expenses paid to Licensor by Client in conjunction with the product. On the off chance that no occasion should Licensor be at risk to Client for any aberrant, extraordinary, accidental, excellent or significant harms identified with this understanding or coming about because of Client’s utilization or failure to utilize the product, emerging from any reason for activity at all, including assent, guarantee, strict obligation, or carelessness, other than net carelessness or purposeful unfortunate behavior on Licensor’s part, regardless of whether Licensor has been informed of the likelihood of such harms. 

  1. ENTIRE AGREEMENT

The Licensor and Client agree that this maintenance contract is the whole and prohibitive clarification of the understanding between the gatherings regarding the subject of the support agreement, which supersedes and mixes earlier recommendation, understandings and each different understanding, oral or created, between the parties relating to the theme of this upkeep understanding. 

  1. ALTERATIONS

This maintenance agreement may not be adjusted, changed or altered with the exception of by composed instrument, properly executed by the two parties.

  1. WAIVER

Any waiver, either conveyed or proposed, by either party of any default by the other in the acknowledgment and execution of any of the conditions and in addition vows of commitments set forward in this way won’t not constitute or be deciphered as a waiver of any subsequent or other default.

  1. SEVERABILITY

The courses of action of this maintenance contract are severable, and if any no less than one such arrangements shall be made plans to be invalid, illegal or unenforceable, in whole or to some degree, the authenticity, legitimacy and enforceable of any of whatever remains of the terms or bits thereof ought not in any manner be affected in like manner and should either tie between the parties hereto. Any such invalid, unlawful or unenforceable terms or fragment thereof might be changed and made an interpretation of keeping in mind the end goal to best accomplish the objectives of such states of section thereof inside the limits of applicable law.

  1. Settlement of Disputes, Governing Law & Arbitration
  1. Any dispute and/or difference arising out of, or relating to this agreement including interpretation of its terms will be resolved through joint discussion by the authorized representatives of both the parties. Moreover, if the disputes are not resolved by discussion then the matter will be referred for adjudication to the Arbitration of a Sole arbitrator.
  2. This Agreement shall be governed by the laws of India.  The Courts in Mumbai (City Name) shall have exclusive jurisdiction over the subject matter of this Agreement.
  3. In the event of any dispute or differences arising out of or in connection with this agreement, the parties hereto, agree to resolve their dispute by a sole arbitrator chosen by the parties in fast track procedure under the provision of Sec29B of Arbitration and Conciliation act of 1996. The award under this section shall be made within a period of 6 months from the date of commencement of the arbitral tribunal proceedings.
  4. The arbitration proceedings shall be conducted in English. The place of Arbitration shall be Mumbai (City Name). The award passed in the arbitration proceedings shall be final and binding on both the parties.
  5. The cost of arbitration proceedings shall be equally borne by both the parties.
  6. Each party shall individually bear the fees of their respective Advocate/Counsel for the proceedings.

 

BOTH AGREED AND SIGNED BY THE PARTIES:

 

LICENSOR:

 

[INSERT SIGNATURE OF THE LICENSOR]

[SPECIFY NAME OF THE LICENSOR]

[SPECIFY CONTACT NUMBER]

[SPECIFY EMAIL ADDRESS]

[SPECIFY DATE HERE] CLIENT:

 

[INSERT SIGNATURE OF THE CLIENT]

[SPECIFY NAME OF THE CLIENT]

[SPECIFY CONTACT NUMBER]

[SPECIFY EMAIL ADDRESS]

[SPECIFY DATE HERE]

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